Question 1

What is a court's power to hear a case and to issue a decision binding on the parties called?

Accepted Answer

A) Jurisdiction 
B) Prerogative 
C) Venue 
D) Assignment 
A) Jurisdiction 
B) Prerogative 
C) Venue 
D) Assignment

Question 2

Which of the following may contain an affirmative defense?

Accepted Answer

A) Summons 
B) Interrogatory 
C) Complaint 
D) Answer 
A) Summons 
B) Interrogatory 
C) Complaint 
D) Answer

Question 3

Which of the following is the standard of proof in a civil case?

Accepted Answer

A) Substantial evidence 
B) Clear and convincing 
C) Beyond a reasonable doubt 
D) Preponderance of the evidence 
A) Substantial evidence 
B) Clear and convincing 
C) Beyond a reasonable doubt 
D) Preponderance of the evidence

Question 4

Brennan sues Melissa for breach of contract.In her reply,Melissa claims,among other things,that she should not be liable as she only entered the contract because Brennan defrauded her.This assertion is called an affirmative defense.

Accepted Answer

A) True 
 B)False

Question 5

A trial court may address venue questions before jurisdiction is established.

Accepted Answer

A) True 
 B)False

Question 6

The federal court system consists of ________ circuit courts of appeals.

Accepted Answer

A) 11 
B) 13 
C) 9 
D) 10 
A) 11 
B) 13 
C) 9 
D) 10

Question 7

A counterclaim differs from an affirmative defense in that,a counterclaim:

Accepted Answer

A) is a new claim by the plaintiff. 
B) does not permit a defendant to claim for damages caused by a fraud. 
C) is merely an attack on the plaintiff's claims. 
D) is the defendant's attempt to obtain legal relief. 
A) is a new claim by the plaintiff. 
B) does not permit a defendant to claim for damages caused by a fraud. 
C) is merely an attack on the plaintiff's claims. 
D) is the defendant's attempt to obtain legal relief.

Question 8

Which of the following circumstances would not give a state court in personam jurisdiction over the defendant?

Accepted Answer

A) The defendant is a citizen or resident of the state. 
B) The defendant previously owned property in the state. 
C) The defendant is within the state's borders when process is served on him. 
D) The defendant voluntarily appears in court. 
A) The defendant is a citizen or resident of the state. 
B) The defendant previously owned property in the state. 
C) The defendant is within the state's borders when process is served on him. 
D) The defendant voluntarily appears in court.

Question 9

The set of legal rules establishing how a civil lawsuit proceedings from beginning to end is called ________.

Accepted Answer

A) discovery 
B) jurisdiction 
C) civil procedure 
D) procedural due process 
A) discovery 
B) jurisdiction 
C) civil procedure 
D) procedural due process

Question 10

The plaintiff can sue the defendant in whatever court and  locale that the plaintiff wishes.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following would be subject to e-discovery?

Accepted Answer

A) Any relevant electronic material even if it is highly burdensome. 
B) Electronic business records that are relevant to the litigation and easily accessible. 
C) Electronic communication protected by the attorney-client privilege. 
D) Electronic business records that are not relevant to the litigation. 
A) Any relevant electronic material even if it is highly burdensome. 
B) Electronic business records that are relevant to the litigation and easily accessible. 
C) Electronic communication protected by the attorney-client privilege. 
D) Electronic business records that are not relevant to the litigation.

Question 12

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

Accepted Answer

A) deposition. 
B) demurrer. 
C) interrogatory. 
D) directed verdict. 
A) deposition. 
B) demurrer. 
C) interrogatory. 
D) directed verdict.

Question 13

A(n)________ must state the remedy requested in the case.

Accepted Answer

A) summons 
B) interrogatory 
C) affirmative defense 
D) complaint 
A) summons 
B) interrogatory 
C) affirmative defense 
D) complaint

Question 14

In general,a court has venue if it is a territorially fair and convenient forum for both parties to litigate the case in that court.

Accepted Answer

A) True 
 B)False

Question 15

Discovery generally takes place without a need for court orders or other judicial supervision.Which of the following is an EXCEPTION to this rule?

Accepted Answer

A) A request for written questions directed at the opponent. 
B) Requests for admission directed at the opponent. 
C) A request for a physical or mental examination of the opponent. 
D) Requests for the production of documents in civil cases. 
A) A request for written questions directed at the opponent. 
B) Requests for admission directed at the opponent. 
C) A request for a physical or mental examination of the opponent. 
D) Requests for the production of documents in civil cases.

Question 16

Which of the following statements is false regarding appellate courts?

Accepted Answer

A) They gather new evidence to reach the correct conclusion. 
B) They review the record of the trial court proceedings. 
C) They correct legal errors made by the trial judge. 
D) They usually accept the trial court's finding of fact. 
A) They gather new evidence to reach the correct conclusion. 
B) They review the record of the trial court proceedings. 
C) They correct legal errors made by the trial judge. 
D) They usually accept the trial court's finding of fact.

Question 17

Today,most appealable decisions from the lower courts fall within the Supreme Court's ________ jurisdiction,under which the Court has discretion whether to hear the appeal.

Accepted Answer

A) appellate 
B) certiorari 
C) original 
D) exclusive 
A) appellate 
B) certiorari 
C) original 
D) exclusive

Question 18

John lives and works in State A.While driving through State B,he negligently collided his car with another vehicle driven by Barbra,a resident of State B.If Barbra sues John in a State B trial court for injuries she sustained as a result of the accident,how might the court have personal jurisdiction over John?

Accepted Answer

A) Through the state's long-arm statute because John committed a tort outside of State B that nonetheless produced harm within the state. 
B) Through the state's long-arm statute because John committed a tort within the state. 
C) In rem jurisdiction 
D) State B does not have personal jurisdiction over John. 
A) Through the state's long-arm statute because John committed a tort outside of State B that nonetheless produced harm within the state. 
B) Through the state's long-arm statute because John committed a tort within the state. 
C) In rem jurisdiction 
D) State B does not have personal jurisdiction over John.

Question 19

For federal "diversity" jurisdiction to exist:

Accepted Answer

A) the case must begin in a federal court of appeals. 
B) the amount in controversy must exceed $75,000. 
C) both the plaintiff and the defendant must be citizens of the same state. 
D) the case must pertain to the Constitution,laws,or treaties of the United States. 
A) the case must begin in a federal court of appeals. 
B) the amount in controversy must exceed $75,000. 
C) both the plaintiff and the defendant must be citizens of the same state. 
D) the case must pertain to the Constitution,laws,or treaties of the United States.

Question 20

Does the Federal Arbitration Act override a state law vesting initial decision-making authority to a court or administrative agency?

Accepted Answer

The Supreme Court in the case of Preston

Exam 2: The Resolution of Private Disputes

What is a court's power to hear a case and to issue a decision binding on the parties called?

Which of the following may contain an affirmative defense?

Which of the following is the standard of proof in a civil case?

Brennan sues Melissa for breach of contract.In her reply,Melissa claims,among other things,that she should not be liable as she only entered the contract because Brennan defrauded her.This assertion is called an affirmative defense.

A trial court may address venue questions before jurisdiction is established.

The federal court system consists of ________ circuit courts of appeals.

A counterclaim differs from an affirmative defense in that,a counterclaim:

Which of the following circumstances would not give a state court in personam jurisdiction over the defendant?

The set of legal rules establishing how a civil lawsuit proceedings from beginning to end is called ________.

The plaintiff can sue the defendant in whatever court and locale that the plaintiff wishes.

Which of the following would be subject to e-discovery?

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

A(n)________ must state the remedy requested in the case.

In general,a court has venue if it is a territorially fair and convenient forum for both parties to litigate the case in that court.

Discovery generally takes place without a need for court orders or other judicial supervision.Which of the following is an EXCEPTION to this rule?

Which of the following statements is false regarding appellate courts?

Today,most appealable decisions from the lower courts fall within the Supreme Court's ________ jurisdiction,under which the Court has discretion whether to hear the appeal.

For federal "diversity" jurisdiction to exist:

Does the Federal Arbitration Act override a state law vesting initial decision-making authority to a court or administrative agency?

The Nature of Law

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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